BILL NUMBER: AB 457	CHAPTERED  09/01/99

	CHAPTER   281
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 1999
	APPROVED BY GOVERNOR   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	PASSED THE SENATE   JULY 15, 1999
	AMENDED IN SENATE   JUNE 15, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999
	AMENDED IN ASSEMBLY   MARCH 22, 1999

INTRODUCED BY   Assembly Member Scott

                        FEBRUARY 16, 1999

   An act to amend Sections 44010 44332, 44346.1, and 44424 of the
Education Code, relating to school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 457, Scott.  School employees:  sex offense:  definition.
   (1) Existing law requires the Commission on Teacher Credentialing
to deny any application for the issuance of a credential made by an
applicant who has been convicted of a violent or serious felony, as
defined.
   This bill would also require the commission to deny any
application for the issuance of a credential made by an applicant
that has been convicted of one of the offenses that would require
revocation of a credential.
   (2) Existing law defines "sex offense" for purposes of various
provisions relating to the employment of school employees including,
among others, provisions that prohibit school districts from
employing or retaining in employment persons in public school service
who have been convicted of, or who have been convicted following a
plea of nolo contendere to charges of, a sex offense and require a
school district and county office of education to immediately place
upon compulsory leave of absence an employee who is charged with a
sex offense.  Among the offenses constituting a sex offense are the
sexual exploitation of a child and the employment or use of a minor
to perform prohibited sexual acts.
   This bill would add to the offenses constituting a sex offense
other offenses relating to the depiction of a minor personally
engaging in or personally simulating sexual conduct, as defined.  By
adding these offenses to those offenses defined as a sex offense, the
bill would prohibit a school district from employing or retaining in
employment persons in public school service who have been convicted
of, or who have been convicted following a plea of nolo contendere to
charges of, an offense added by this bill to those defined as a sex
offense and require a school district and county office of education
to immediately place upon compulsory leave of absence an employee who
is charged with an offense added by this bill to those defined as a
sex offense, thereby imposing a state-mandated local program.
   (3) Existing law authorizes a county or city and county board of
education, except where that service is provided by a school district
authorized to register certification documents, to issue temporary
certificates for the purpose of authorizing salary payments to
certified employees whose credential applications are being processed
or to personnel employed in children's centers or other preschool
educational programs whose permit applications are being processed.
   This bill would prohibit a county or city and county board of
education from issuing a temporary certificate to an applicant whose
teaching credential is revoked or suspended.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 44010 of the Education Code is amended to read:

   44010.  "Sex offense," as used in Sections 44020, 44237, 44346,
44425, 44436, 44836, 45123, and 45304, means any one or more of the
offenses listed below:
   (a) Any offense defined in Section 220, 261, 261.5, 262, 264.1,
266, 266j, 267, 285, 286, 288, 288a, 289, 311.1, 311.2, 311.3, 311.4,
311.10, 311.11, 313.1, 647b, 647.6, or former Section 647a,
subdivision (a), (b), or (c) of Section 243.4, or subdivision (a) or
(d) of Section 647 of the Penal Code.
   (b) Any offense defined in former subdivision (5) of former
Section 647 of the Penal Code repealed by Chapter 560 of the Statutes
of 1961, or any offense defined in former subdivision (2) of former
Section 311 of the Penal Code repealed by Chapter 2147 of the
Statutes of 1961, if the offense defined in those sections was
committed prior to September 15, 1961, to the same extent that an
offense committed prior to that date was a sex offense for the
purposes of this section prior to September 15, 1961.
   (c) Any offense defined in Section 314 of the Penal Code committed
on or after September 15, 1961.
   (d) Any offense defined in former subdivision (1) of former
Section 311 of the Penal Code repealed by Chapter 2147 of the
Statutes of 1961 committed on or after September 7, 1955, and prior
to September 15, 1961.
   (e) Any offense involving lewd and lascivious conduct under
Section 272 of the Penal Code committed on or after September 15,
1961.
   (f) Any offense involving lewd and lascivious conduct under former
Section 702 of the Welfare and Institutions Code repealed by Chapter
1616 of the Statutes of 1961, if that offense was committed prior to
September 15, 1961, to the same extent that an offense committed
prior to that date was a sex offense for the purposes of this section
prior to September 15, 1961.
   (g) Any offense defined in Section 286 or 288a of the Penal Code
prior to the effective date of the amendment of either section
enacted at the 1975-76 Regular Session of the Legislature committed
prior to the effective date of the amendment.
   (h) Any attempt to commit any of the above-mentioned offenses.
   (i) Any offense committed or attempted in any other state which,
if committed or attempted in this state, would have been punishable
as one or more of the above-mentioned offenses.
   (j) Any conviction for an offense resulting in the requirement to
register as a sex offender pursuant to Section 290 of the Penal Code.

   (k) Commitment as a mentally disordered sex offender under former
Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of
the Welfare and Institutions Code, as repealed by Chapter 928 of the
Statutes of 1981.
  SEC. 2.  Section 44332 of the Education Code is amended to read:
   44332.  (a) Except where that service is provided by a school
district authorized to register certification documents pursuant to
Section 44332.5, each county or city and county board of education
may issue temporary certificates for the purpose of authorizing
salary payments to certified employees whose credential applications
are being processed or to personnel employed in children's centers or
other preschool educational programs whose permit applications are
being processed.  However, the individual must have demonstrated
proficiency in basic reading, writing, and mathematic skills pursuant
to the requirements of Section 44252.5.  The applicant for the
temporary certificate shall make a statement under oath that he or
she has duly filed an application for a credential or permit together
with the required fee and that, to the best of his or her knowledge,
no reason exists why a certificate or permit should not be issued.
The certificate or permit shall be valid for not more than one
calendar year from the date of issuance.
   (b) The county or city and county board of education shall cancel
the temporary certificate or permit immediately upon receipt of
certification in writing from the commission that the applicant
apparently does not possess adequate academic qualifications or
apparently has a criminal record that would disqualify the applicant.

   (c) A temporary certificate issued to a permit applicant is not
valid beyond the time that the commission either issues or denies the
originally requested permit.  A temporary certificate issued to a
credential applicant is not valid beyond the time that the commission
provides written notification to the county or city and county board
of education that the applicant apparently does not possess adequate
qualifications, that the commission has received facts that may
cause denial of the application, or issues or denies the originally
requested credential.
   (d) A county or city and county board of education may not issue a
temporary certificate to an applicant whose teaching credential is
revoked or suspended.
  SEC. 3.  Section 44346.1 of the Education Code is amended to read:

   44346.1.  (a) The commission shall deny any application for the
issuance of a credential made by an applicant who has been convicted
of a violent or serious felony or a crime set forth in subdivision
(a) of Section 44424 or whose employment has been denied or
terminated pursuant to Section 44830.1.
   (b) This section applies to any violent or serious offense which,
if committed in this state, would have been punishable as a violent
or serious felony.
   (c) For purposes of this section, a violent felony is any felony
listed in subdivision (c) of Section 667.5 of the Penal Code and a
serious felony is any felony listed in subdivision (c) of Section
1192.7 of the Penal Code.
   (d) Notwithstanding subdivision (a), a person shall not be denied
a credential solely on the basis that the applicant or holder has
been convicted of a violent or serious felony if the person has
obtained a certificate of rehabilitation and pardon pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code.
  SEC. 4.  Section 44424 of the Education Code is amended to read:
   44424.  (a) Upon the conviction of the holder of any credential
issued by the State Board of Education or the Commission on Teacher
Credentialing of a violation, or attempted violation, of a serious or
violent felony described in Section 44346.1, or any one or more of
Penal Code Sections 187 to 191, 192 insofar as said section relates
to voluntary manslaughter, 193, 194 to 217.1, both inclusive, 220,
222, 244, 245, 261 to 267, both inclusive, 273a, 273f, 273g, 278, 285
to 288a, both inclusive, 424, 425, 484 to 488, both inclusive,
insofar as said sections relate to felony convictions, 503 and 504,
or of Penal Code Section 272, becoming final, the commission shall
forthwith revoke the credential.
   (b) Upon a plea of nolo contendere that does not constitute a
conviction pursuant to Section 1016 of the Penal Code, all
credentials held by the respondent shall be suspended until a final
disposition regarding those credentials is made by the commission.
Any action that the commission is permitted to take following a
conviction may be taken after the time for appeal has elapsed, or the
judgment of conviction has been affirmed on appeal, or when an order
granting probation is made suspending the imposition of sentence and
the time for appeal has elapsed or the judgment of conviction has
been affirmed on appeal, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code.
   (c) The commission shall revoke a credential issued to a person
whose employment has been denied or terminated pursuant to Section
44830.1.
   (d) Notwithstanding subdivision (a), a credential shall not be
revoked solely on the basis that the applicant or holder has been
convicted of a violent or serious felony if the person has obtained a
certificate of rehabilitation and pardon pursuant to Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3 of the Penal
Code.
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
